Conclusion of civil law contracts with the personnel within the projects

2014-02-27

In connection with numerous questions concerning the conclusion of civil law contracts with the personnel within the projects in the Cross-border Cooperation Programme Poland-Belarus-Ukraine 2007-2013 the Joint Technical Secretariat would kindly remind that all contracts within the projects must correspond to the competitiveness principle. Therefore the following provisions shall apply:

1. For Polish Beneficiaries and Partners - the provisions of the Polish Procurement Law. The civil-law agreements, being the agreements that are not regulated by the Labour Law, cannot be absolved from the requirements of Polish Procurement Law provisions (art. 4 p. 4 of the Law). The estimated value of the contract shall be determined in relation to particular types of tasks.

2. For Belarusian and Ukrainian Beneficiaries and Partners - the provisions of Annex IV to the Grant Contract, including the tender thresholds defined by the Annex for services, namely:
- for contract ≤ EUR 10 000 - single tender procedure;
- for contract above EUR 10 000 but less than EUR 200 000 - negotiated procedure. The estimated value of the contract shall be determined in relation to particular types of tasks.
In questions that are not regulated in Annex IV the provisions of the Practical Guide to Contract Procedures for EC external actions (PRAG), applicable at the moment of the launch of this procurement procedure, shall be applied.